Assault and battery convictions are criminal offenses that could harm your reputation. A guilty plea could seriously affect your criminal record and will be visible to any employer who checks your public background.
Melbourne Assault & Battery Defense Attorneys
Aside from the criminal charges that may stem from an Assault & Battery charge, know that these accusations can result in serious damage to your reputation. If you have been charged with assault & battery, contact experienced attorney Mark Germain of Germain Legal.
Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County, including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee and Poinciana.
Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form.
Assault Charges in Florida
Assault and battery charges are serious crimes that are punishable by serious consequences, particularly in Florida. It is vital that anyone charged with assault or battery seek legal representation as soon as possible.
An assault crime is termed as an intended, illicit threat by expression or action to cause violent harm to an individual, connected with an evident ability to do so, and performing an act that’s creates a well founded fear in an individual that such violence is imminent.
Assault charges can result in misdemeanor or felony convictions, depending on the situation. An aggravated assault charge is a 3rd degree felony.
Battery Charges in Florida
Similar to assault, battery charges and convictions are widespread each year in the State of Florida. Battery crimes involve an actual exercises of physical strength as opposed to the presence of a practical threat of use of such force. The State of Florida’s battery law states that an individual is blameworthy of battery if they essentially and deliberately touches or strikes another person in opposition to the will of the victim or deliberately causes bodily injury to another individual.
If, in the course of committing battery, you intentionally or consciously caused serious bodily injury, long-term disability, or long-term disfigurement or used a firearm or deadly weapon, you could be charged with aggravated battery in Florida. Battery is also classified as aggravated battery if the defendant was aware that the victim was disabled or pregnant when the offense occurred.
Penalties
Battery is treated harshly in Florida, though there is some leniency for first-time convictions.
| Crime | Classification | Penalties |
| First-time Battery | First-Degree Misdemeanor | · Up to 1 year in jail and/or
· a fine of up to $1,000 |
| Battery with a Prior Conviction | Third-Degree Felony | · Up to 5 years in prison and/or
· A fine of up to $5,000 |
| Aggravated Battery | Second-Degree Felony | · Up to 15 years in prison and/or
· A fine of up to $10,000 |
Defending Assault & Battery Charges
The primary step in defending assault and battery cases is making our clients aware that the State of Florida makes available a diversion program for first-time assault or battery offenders who did not cause serious injury.
Completing this diversion program results in clients being dismissed of all charges.
Other defenses include:
Self-Defense or Defense of others – If you attacked, pushed or punched another person in an attempt to protect yourself or another person, you may not be liable to criminal battery charges.
Intent – If you did not intend to injure the other person, this may be a viable defense.
Battery Criminal Defense Attorney in Brevard County
Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County, including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee and Poinciana.
Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form.
